EXHIBIT 10.4Lease • September 28th, 2001 • Overland Data Inc • Computer storage devices
EXHIBIT 10.5Indemnification Agreement • February 13th, 2002 • Overland Data Inc • Computer storage devices • California
EXHIBIT 2.2 SUPPLY AGREEMENTSupply Agreement • July 2nd, 2001 • Overland Data Inc • Computer storage devices • California
EXHIBIT 10.3Lease • September 28th, 2001 • Overland Data Inc • Computer storage devices
EXHIBIT 10.23 OVERLAND DATA, INC. [INCENTIVE/NON-STATUTORY] STOCK OPTION AGREEMENTStock Option Agreement • September 28th, 2001 • Overland Data Inc • Computer storage devices • California
Exhibit 10.2 [COMERICA LOGO] SECURITY AGREEMENT As of NOVEMBER 28, 2001 , for value received, the undersigned ("Debtor") pledges, assigns and grants to COMERICA BANK-CALIFORNIA ("Bank"), a CALIFORNIA banking corporation, whose address is 333 WEST...Security Agreement • February 13th, 2002 • Overland Data Inc • Computer storage devices • California
EXHIBIT 10.1 BUSINESS LOAN AGREEMENTBusiness Loan Agreement • February 13th, 2002 • Overland Data Inc • Computer storage devices • California
EXHIBIT 10.18 [OVERLAND LOGO] Overland Data, Inc. 8975 Balboa Avenue San Diego, CA 92123-1599 (858) 571-5555 (858) 495-4267 faxEmployment Agreement • September 28th, 2001 • Overland Data Inc • Computer storage devices • California
OVERLAND DATA, INC. 3,105,000 SHARES COMMON STOCK ($0.001 PAR VALUE) UNDERWRITING AGREEMENTUnderwriting Agreement • January 24th, 1997 • Overland Data Inc • Computer storage devices • New York
CONFIDENTIAL TREATMENT REQUESTED AGREEMENT BETWEEN OVERLAND DATA AND TANDBERG DATA CONCERNING MLR AND VR(2) TECHNOLOGY ------------------------------------------------------------------------------- This Agreement is effective March 30, 1998,...Confidentiality Agreement • September 28th, 1998 • Overland Data Inc • Computer storage devices • California
CREDIT AGREEMENTCredit Agreement • February 16th, 2000 • Overland Data Inc • Computer storage devices • California
EXHIBIT 10.13Retention Agreement • September 28th, 2001 • Overland Data Inc • Computer storage devices • California
AMONGAsset Purchase Agreement • March 8th, 2000 • Overland Data Inc • Computer storage devices • California
RECITALSTechnology License Agreement • July 25th, 2000 • Overland Data Inc • Computer storage devices • California
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 22nd, 2011 • Overland Storage Inc • Computer storage devices • New York
This Registration Rights Agreement (the “Agreement”) is made and entered into as of this 21st day of March, 2011, by and among Overland Storage, Inc., a California corporation (the “Company”), the “Investors” named in that certain Purchase Agreement, dated as of March 16, 2011, by and among the Company and the Investors (the “Purchase Agreement”), and Roth Capital Partners, LLC (the “Placement Agent”). Capitalized terms used herein have the respective meanings ascribed thereto in the Purchase Agreement unless otherwise defined herein.
CONFIDENTIAL TREATMENT REQUESTED TRAVAN-TM- VR(2)-TM- ASIC LICENSE AND SUPPLY AGREEMENT This Agreement is effective February 25, 1999 ("Effective Date"), between Imation Corp., incorporated under the laws of the state of Delaware and having a place of...License and Supply Agreement • September 27th, 1999 • Overland Data Inc • Computer storage devices • Minnesota
1,020,409 Shares of Overland Storage, Inc. Common Stock, No Par Value PLACEMENT AGENT AGREEMENTPlacement Agent Agreement • February 14th, 2013 • Overland Storage Inc • Computer storage devices • California
PURCHASE AGREEMENTPurchase Agreement • March 22nd, 2011 • Overland Storage Inc • Computer storage devices • New York
THIS PURCHASE AGREEMENT (“Agreement”) is made as of the 16th day of March, 2011 by and among Overland Storage, Inc., a California corporation (the “Company”), and the Investors set forth on the signature pages affixed hereto (each an “Investor” and collectively the “Investors”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 14th, 2011 • Overland Storage Inc • Computer storage devices • California
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of August 9, 2011 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and OVERLAND STORAGE, INC., a California corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
3,200,000 Shares* OVERLAND STORAGE, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • March 23rd, 2012 • Overland Storage Inc • Computer storage devices • New York
Overland Storage, Inc., a California corporation (the “Company”), proposes to issue and sell 3,200,000 shares (the “Firm Shares”) of the Company’s common stock, no par value per share (the “Common Stock”), to you as underwriter (the “Underwriter”) in accordance with the terms and conditions set forth in this Underwriting Agreement (this “Agreement”). The Company has also agreed to grant to the Underwriter an option (the “Option”) to purchase up to an additional 480,000 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
Exhibit 10.4 FIRST AMENDMENT TO SECURITY AND LOAN AGREEMENT AND ADDENDUM, EXHIBIT "A," THERETO This first Amendment ("Amendment") amends that certain Security and Loan Agreement dated May 8, 1995, between Imperial Bank ("Bank") and Overland Data,...Security and Loan Agreement • February 13th, 1997 • Overland Data Inc • Computer storage devices
EXHIBIT 10.6 FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 28th, 2001 • Overland Data Inc • Computer storage devices
AGREEMENTRetention Agreement • May 17th, 2000 • Overland Data Inc • Computer storage devices • California
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 14th, 2013 • Overland Storage Inc • Computer storage devices • New York
This Registration Rights Agreement (the “Agreement”) is made and entered into as of this 12th day of February, 2013 by and among Overland Storage, Inc., a California corporation (the “Company”), the “Purchasers” named in that certain Note Purchase Agreement by and among the Company and the Purchasers (the “Purchase Agreement”). Capitalized terms used herein have the respective meanings ascribed thereto in the Purchase Agreement unless otherwise defined herein.
IMPERIAL BANK MEMBER FDICSecurity and Loan Agreement • December 23rd, 1996 • Overland Data Inc
LETTERHEAD]Basic Order Agreement • February 18th, 1997 • Overland Data Inc • Computer storage devices • Massachusetts
EXHIBIT 10.2 [CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] PRODUCTION PROCUREMENT AGREEMENT # RMSS-ODI-96-01-0 This is an Agreement, dated as of October...Production Procurement Agreement • February 18th, 1997 • Overland Data Inc • Computer storage devices • New York
RETENTION AGREEMENTRetention Agreement • September 9th, 2009 • Overland Storage Inc • Computer storage devices • California
This Retention Agreement (this “Agreement”) is entered into on July 13, 2009 between Overland Storage Inc., a California corporation having its principal offices at 4820 Overland Avenue, San Diego, California 92123 (the “Company”), and Jillian Mansolf (“Employee”).
EMPLOYMENT AND SEVERANCE AGREEMENTEmployment Agreement • August 4th, 2011 • Overland Storage Inc • Computer storage devices • California
THIS EMPLOYMENT AND SEVERANCE AGREEMENT (this “Agreement”) is entered into between Overland Storage, Inc., a California corporation (“Employer” or the “Company”), and Kurt L. Kalbfleisch (“Executive”) as of August 3, 2011 (the “Effective Date”). This Agreement amends and restates in its entirety the Employment and Severance Agreement between the Company and Executive dated as of September 29, 2009 and is effective on the Effective Date.
THIS AMENDED & RESTATED PROMISSORY NOTE (THIS “NOTE”) IS SUBJECT TO THE TERMS OF THAT CERTAIN SUBORDINATION AGREEMENT DATED AS OF MAY 15, 2014 BY AND BETWEEN PAYEE AND SILICON VALLEY BANK (AS AMENDED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO...Promissory Note • September 12th, 2014 • Overland Storage Inc • Computer storage devices • California
FOR VALUE RECEIVED, OVERLAND STORAGE, INC., a California corporation (“Maker”), unconditionally promises to pay SPHERE 3D CORPORATION, an Ontario corporation (“Payee”), on May 15, 2018 in the manner and at the place hereinafter provided, the principal amount equal to the lesser of (x) Ten Million and no/100 Dollars ($10,000,000.00) and (y) the unpaid principal amount of all advances made by Payee to Maker (plus, in each case, interest that has been added to the principal amount of this Note in accordance with the terms hereof). This Note amends and restates in its entirety that certain Promissory Note dated as of May 15, 2014 by Maker in favor of Payee (the “Existing Note”). This Note is executed and delivered in substitution for, but not in satisfaction of, the Existing Note, and this Note shall not constitute a refinancing or novation of the Existing Note.
RECITALSIndemnification Agreement • January 24th, 1997 • Overland Data Inc • Computer storage devices • California
FINANCIAL ADVISORY AGREEMENT November 12, 2010Financial Advisory Agreement • November 17th, 2010 • Overland Storage Inc • Computer storage devices • California
CORPORATE PURCHASING AGREEMENT GENERAL TERMSCorporate Purchase Agreement • September 28th, 2000 • Overland Data Inc • Computer storage devices
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • July 3rd, 2008 • Overland Storage Inc • Computer storage devices • California
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is made and entered into on June 27, 2008, by and between OVERLAND STORAGE, INC., a California corporation (“Buyer”), on the one hand, and ADAPTEC, INC., a Delaware corporation (“Seller”), on the other hand. Capitalized terms used in this Agreement without definition will have the respective meanings ascribed to them in Section 11.1.
Base Agreement # 4902RL1317Base Agreement • February 10th, 2004 • Overland Storage Inc • Computer storage devices • New York
This Base Agreement (“Base Agreement”) dated as of November 1, 2002 (“Effective Date”), between International Business Machines Corporation (“Buyer”) and Overland Storage, Inc. (“Supplier”), establishes the basis for a multinational procurement relationship under which Supplier will provide Buyer the Products and Services described in SOWs issued under this Base Agreement. Products and Services acquired by Buyer on or after the Effective Date will be covered by this Base Agreement. This Base Agreement will remain in effect until terminated.
